United Liberty

In advance of the President’s counterterrorism speech today at the National Defense University in Washington, D.C. – where it’s anticipated he will lay out new restrictions for America’s drone programs - Attorney General Eric Holder released a 5-page memo disclosing that, since 2009, America has assassinated four of its own citizens in “counterterrorism operations” - more specifically, via drone strike.

Unfortunately, the memo’s admissions create more questions than answers.

1) The memo asserts that targeting and killing of citizens can only happen outside the U.S., tacitly readdressing the concerns Senator Rand Paul addressed in his 13 hour filibuster. But the right to due process is not contingent on geography; like it or not, these rights extend to citizens overseas. The fundamental assertion in the memo is, as Spencer Ackerman points out, that “Holder defended killing Americans the administration believes to be members of al-Qaeda without due process, a constitutionally questionable proposition.”

“We know that no one ever seizes power with the intention of relinquishing it. Power is not a means; it is an end. One does not establish a dictatorship in order to safeguard a revolution; one makes the revolution in order to establish the dictatorship. The object of persecution is persecution. The object of torture is torture. The object of power is power.” — George Orwell, 1984

On May 5th, speaking at Ohio State University, Barack Obama lamented that “Unfortunately, you’ve grown up hearing voices that incessantly warn of government as nothing more than some separate, sinister entity that’s at the root of all our problems. Some of these same voices also do their best to gum up the works. They’ll warn that tyranny always lurking just around the corner. You should reject these voices. Because what they suggest is that our brave, and creative, and unique experiment in self-rule is somehow just a sham with which we can’t be trusted.”

Obama has it exactly wrong. It is not that our experiment in self-rule is a sham, or that it can’t be trusted, it is that the experiment has been undermined by the growing power of government in our lives, the very danger of which the Founding Fathers warned us. James Madison, the “Father of the Constitution” declared that “The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse.” Obama tries to convince us of just the opposite; namely, that we should place our trust in a benevolent government which will take care of us, and all we have to do is give up a little freedom.

Based on some of my discussions with people who tend to support U.S. foreign policy in general and the drone policy in particular, there seems to be a lack of empathy for those who have been victims of errant bombs (I’m told these people “hate us for our freedoms”). I think sometimes we Americans have no idea what it must be like to live anywhere in the third world as opposed to a superpower. It’s difficult for me to imagine what it must be like to live any place the U.S. is hunting terrorists with soldiers or drones. Would I be worried that my friends or family might be killed by mistake?

This isn’t to say that the U.S. should not hunt terrorists, drones or otherwise, but I do think it’s time for a serious debate about when and how drones should be used. The drones in of themselves are not the problem, it’s the drone policy. What is the cost/benefit of using drones in targeting these people? Can this be done without harming innocent bystanders? Are drones being used when less destructive means are available? Is this policy counterproductive in “winning the hearts and minds” of people who might otherwise fight against Islamic fundamentalists?

The video clip below is from the testimony of one individual who has experienced the reality of U.S. drone policy first hand. Despite this, Farea al-Muslimi is otherwise grateful for his experiences with America, Americans, and American generosity. His heart and mind seems to be on the side of America. His testimony offers a perspective we would all do well to consider when thinking about these questions.

“I think the impressionable libertarian kids are going to save our nation.” — Igor Birman

Late last year, I ran across video of Igor Birman, who immigrated to the United States with his family as the Soviet Union was collapsing, warning against a more centralized government healthcare system. Birman, who now serves as Chief of Staff to Rep. Tom McClintock (R-CA), was explaining that the Soviet system relied on rationing of healthcare, which would be the end result of ObamaCare.

Earlier this week, I had the chance to sit down with Birman to discuss his story, the transformation of the United States into a police state, ObamaCare, the budget, and other destructive economic policies that are being pushed by the White House.

When asked about the recent filibuster in the Senate, Birman applauded Sen. Rand Paul and noted that it was refreshing to hear a politician be so passionate. He also compared the policies implemented as part of the “war on terror”  to life in the Soviet Union, where the government frequently searched homes of ordinary citizens without cause, which he called a “fact of life,” noting that “you just accepted it as much as you did the cold weather and the long lines for the basic staples of food and water.”

Birman experienced this first-hand. “A week before we left for the United States, we went to say goodbye to my uncle in St. Petersburg and when we came back, we found our apartment just absolutely ravaged,” recalled Birman. “The authorities must have been looking for whatever lame excuse they could find to either delay or disrupt our departure.”

Below is the speech I gave last night at the FreedomWorks’ Spring Break College Summit at the Hyatt Regency Hotel in Washington, DC.

Before I get down to the crux of my talk this evening, I’ve gotta say, watching Senator Rand Paul’s epic 13-hour filibuster on Wednesday was nothing short of inspirational. For more than half a day, Senator Paul — aided at times by some of his colleagues, including Mike Lee and Ted Cruz — gave a brilliant defense of the Constitution and the Bill of Rights and challenged the notion of perpetual war.

While Democrats in Congress have claimed to be champions of civil liberties, it was the Tea Party, led by Senator Paul, defending due process. It was the Tea Party making the case against a government that could arbitrarily kill its own citizens on American soil. And it was the Tea Party who was fighting against an extraordinary expansion of executive power.

The message got out there. Senator Paul gained some 40,000 new followers on Twitter and the social media service reported that over 1-million tweets were sent about the filibuster. Ironically, it was Politico that recently suggested that hashtags were no longer relevant. The hashtag, #StandWithRand, pretty much killed that notion.

C-SPAN confirmed that they had received viewership that was on par with events like the presidential inauguration. The filibuster also had the profound effect of gaining support from individuals and groups who aren’t typically fans of Republicans, including John Cusack, Van Jones, and Code Pink.

And not only was this a courageous stand against a President who has abused his authority, but it was also a rejection of the GOP’s past, and they’re losing their minds because of it. We saw that the next morning when John McCain and Lindsey Graham had a complete meltdown on the Senate floor.

Written by Julian Sanchez, a research fellow at the Cato Institute. Posted with permission from Cato @ Liberty.

As I wrote on Thursday, I’m not really losing sleep over the prospect of domestic targeted killing, mostly because it seems as though it would be so manifestly politically radioactive even within the intelligence community that I doubt it could be done secretly, and would almost certainly provoke a constitutional crisis if it became public. That said, as Marcy Wheeler notes, if we look closely at the precise wording of Attorney General Eric Holder’s response to Sen. Rand Paul disavowing any such presidential prerogative, it’s actually phrased in a way that seems calculated to preserve a fair amount of wiggle room:

It has come to my attention that you have now asked an additional question. “Does the President have the authority to use a weaponized drone to kill an American not engaged in combat on American soil?” The answer to that question is no.

Last week, in his historic filibuster, Senator Rand Paul provoked Attorney General Eric Holder to relinquish the right to assassinate American citizens on American soil - a claim previously made in a Department of Justice White Paper. In so doing, we have established the first real boundary for the use of drones in American foreign policy. Senator Paul has since stated the drone debate “isn’t over” and that this victory is “just the beginning.” Senator Paul is pioneering a winning strategy to incrementally advance freedom within a broader liberty movement.

This post has been updated. Scroll down to view the latest.

Sen. Rand Paul (R-KY), who has become the fiercest of President Obama’s drone program, is currently in the middle of a traditional filibuster against the nomination of John Brennan. He been at it for a just over two hours, having started at 11:47am.

You can watch it live here.

Brennan, who was nominated by President Obama to serve as director of the CIA, was asked some very direct questions by Sen. Paul over the drones program. Sen. Paul wanted to know whether or not the White House could perhaps target American citizens who are merely suspected terrorist activities inside the borders of the United States.

Attorney General Eric Holder responded to the questions raised by Sen. Paul about the drone program. “The question you have posed is therefore entirely hypothetical, unlikely to occur, and one we hope no president will ever have to confront,” Holder wrote. “It is possible, I suppose, to imagine an extraordinary circumstance in which it would be necessary and appropriate under the Constitution and applicable laws of the United States for the President to authorize the military to use lethal force within the territory of the United States.”

Sen. Paul recognizes that he won’t be able to keep going for a prolonged period of time, but he is using the time to highlight the various issues problems with the use of drones against American citizens, thus denying them due process.

Since the first armed drone strike in Yemen 2002, the United States has been leveraging the Authorization for the Use of Military Force Against Terrorists, signed on September 18, 2001, presumably for use in Afghanistan, to justify the use of drone warfare in numerous countries.  Drones have since been used in Yemen, Somalia, Libya, and Mali, but mostly in Pakistan, where strikes began in 2004, and accelerated in 2009; with more than 300 strikes, there have been six times more drone strikes in Pakistan under Obama than under Bush.

President Obama’s State of the Union address was nothing new.  The President continued the same leftist rhetoric he used during his inaugural address, calling for even more spending and government.  As Jason wrote, he absurdly claimed that he has CUT spending, attacked the sequestration plan that he himself proposed, and called for an increase in the minimum wage would would prove disastrous to job creation.  In short, it was more of the same - big government, high taxes, and spending money we don’t have.

The official Republican response was fairly lackluster.  Marco Rubio is a gifted speaker, but his speech was big on platitudes and slogans and small on substance. The real response came from Senator Rand Paul.  It’s no secret that Senator Paul is a favorite of mine and of many libertarian-leaning folks, so there was much anticipation that he would offer a clear vision apart from both Obama and Rubio.  For the most part, he did just that.

To begin, Paul went strongly after the President and laid out a clear idea of what he believes America is really all about:

Tonight, the President told the nation he disagrees. President Obama believes government is the solution: More government, more taxes, more debt.

What the President fails to grasp is that the American system that rewards hard work is what made America so prosperous.

What America needs is not Robin Hood but Adam Smith. In the year we won our independence, Adam Smith described what creates the Wealth of Nations.